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AB 1144

Prisons: elderly employment.

2025-2026 Regular Session Introduced by Tina McKinnor

AB 1144 lets inmates 55+ or with qualifying disabilities elect to continue working, cut hours, or retire, and bars punishment for opting out in state prisons and county jails.

From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Bill Summary · AB 1144

AB 1144 (McKinnor) — Prisons: elderly employment

Status: In committee — Held under submission (last action: 2025-05-23)
Introduced: February 20, 2025 — Amended April 2025

Purpose / Intent

AB 1144 amends Penal Code sections 2700 and 4017 to give older inmates and inmates with disabilities a choice about participating in mandated prison or jail labor. The bill is intended to allow inmates age 55 or older—or inmates with defined mental or physical disabilities—to elect to continue working, reduce work hours, or cease working (retire), and to protect those who opt out from certain institutional punishments.

Key provisions

  • Amends Penal Code section 2700 (state prison):
    • Retains requirement that able-bodied prisoners under 55 (and prisoners without a mental/physical disability) perform labor as prescribed by CDCR rules.
    • Adds that prisoners 55 years and older, or prisoners with mental or physical disabilities, may elect to (1) continue to work, (2) reduce hours, or (3) cease working/retire.
    • Prohibits CDCR from punishing an inmate who refuses to work pursuant to the new subdivision. “Punishment” explicitly includes: disciplinary writeups; changes in security level; involuntary transfers; placement in special housing/administrative segregation; change or reduction in privilege group assignment; and limiting participation in voluntary programming.
    • Retains existing provisions on compensation treatment and funding mechanisms for inmate labor, including payment for part‑time work and forfeiture on escape to the Inmate Welfare Fund.
    • Defines “mental disability” and “physical disability” by reference to Government Code section 12926.

  • Amends Penal Code section 4017 (county/city jails and related camps):

    • Mirrors the structure in section 2700: persons under 55 may be required to perform labor; persons 55+ or with mental/physical disabilities may elect to continue, reduce, or stop working.
    • Retains workers’ compensation, supervision, and fire‑crew supervisory limits and the definition of “labor on the public works.”

  • Exclusion: the bill notes the elective provision does not apply to inmates sentenced to death.

Who is affected

  • Directly affected: inmates in California state prisons and county/city jails who are age 55+ or who meet the bill’s mental/physical disability definitions.
  • Indirectly affected: CDCR and local correctional institutions (operations, staffing, programming), prison industries, local governments that use inmate labor (including fire crews), and budgeting/compensation processes tied to inmate labor.

Procedural / fiscal notes

  • Referred to Assembly Public Safety, amended and passed that committee (April 2025), then referred to Assembly Appropriations and placed on the suspense file; held under submission as of May 23, 2025.
  • Digest references to the California Constitution’s involuntary servitude exception and existing CDCR regulations (e.g., standard 8 hours/day programming) signal possible operational and legal interactions.
  • Bill was referred to fiscal committee and was placed on suspense — indicating potential fiscal impacts (operational staffing changes, compensation costs for part‑time workers, and program adjustments), though no dollar amounts are specified in the text.

Considerations / likely impacts

  • Operational: institutions may need to adjust staffing, program scheduling, and assignment policies if older/disabled inmates reduce or stop work.
  • Budgetary: increased part‑time compensation or administrative costs could arise; county jails and CDCR may face budget implications (hence referral to Appropriations).
  • Legal/administrative: the bill creates a statutory prohibition on specified adverse actions for inmates who elect not to work, which could prompt policy and grievance changes within correctional agencies and potential legal clarification about interactions with existing CDCR regulations.

Compiled from official sources — confirm details with the bill’s official record.

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